COMMISSION STAFF WORKING DOCUMENT 2022 Rule of Law Report Country Chapter on the rule of law situation in Ireland Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions 2022 Rule of Law Report The rule of law situation in the European Union
Date: 2022-07-13
Institutions: European Commission, Secretariat-General
Subjects: Ireland, coronavirus disease, corruption, democracy, epidemic, independence of the judiciary, infringement of EU law, pluralism in the media, political rights, rule of law

EN 

  EN 

   EUROPEAN COMMISSION  Luxembourg, 13.7.2022  SWD(2022) 507 final  COMMISSION STAFF WORKING DOCUMENT 2022 Rule of Law Report        Country Chapter on the rule of law situation in Ireland Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions 2022 Rule of Law Report          The rule of law situation in the European Union {COM(2022) 500 final} - {SWD(2022) 501 final} - {SWD(2022) 502 final} - {SWD(2022) 503 final} - {SWD(2022) 504 final} - {SWD(2022) 505 final} - {SWD(2022) 506 final} - {SWD(2022) 508 final} - {SWD(2022) 509 final} - {SWD(2022) 510 final} - {SWD(2022) 511 final} - {SWD(2022) 512 final} - {SWD(2022) 513 final} - {SWD(2022) 514 final} - {SWD(2022) 515 final} - {SWD(2022) 516 final} - {SWD(2022) 517 final} - {SWD(2022) 518 final} - {SWD(2022) 519 final} - {SWD(2022) 520 final} - {SWD(2022) 521 final} - {SWD(2022) 522 final} - {SWD(2022) 523 final} - {SWD(2022) 524 final} - {SWD(2022) 525 final} - {SWD(2022) 526 final} - {SWD(2022) 527 final}  
 
 
ABSTRACT 

Reforms of the Irish justice system have continued. A new draft law on judicial appointments 
and promotions, which proposes to establish a Judicial Appointments Commission, was tabled 
in Parliament. The draft law limits the level of discretion of the Government in the appointment 
procedure, however the fact that the proposed Commission does not consist of a clear majority 
of judges chosen by their peers raises concerns. The Judicial Council adopted guidelines for 
the judiciary on conduct and ethics, where the role and discretion retained by Parliament on the 
removal of judges could raise concerns about the potential politicisation of the process. The 
Attorney  General  introduced  a  scheme  to  provide  legal  representation  to  judges  in  case  of 
misconduct, which is a positive development to strengthen judicial independence. Additional 
judicial posts have been filled in the High Court, while the number of judges per inhabitant 
remains low. High litigation costs and shortcomings within the legal aid system continue to 
raise  concerns, however,  work is ongoing  to  address  those challenges. The digitalisation of 
justice has progressed with the adoption of ICT and Data Strategies. Work on the review of the 
Offences Against the State Act relating to the Special Criminal Court has continued. A draft 
law establishing a compensation scheme for cases of excessive length of court proceedings has 
been proposed.  

Ireland continues to review its national anti-corruption structure and strategy. The development 
of  the  multi-annual  National  Strategy  and  Action  Plan  to  Combat  Economic  Crime  and 
Corruption has been affected by delays in establishing a permanent Advisory Council. A new 
criminal  procedural  act  entered  in  force  in  2021  and  should  make  dealing  with  complex 
offences – including corruption – more efficient, but further reforms are needed to strengthen 
the  fight  against  corruption.  A  review  of  the  ethics  legislative  framework  has  started  and 
includes  addressing  weaknesses  in  the  asset  disclosure  legislation.  The  review  also  aims  at 
reinforcing the capacity of the Standards in Public Office Commission, which currently lacks 
any enforcement powers in most areas related to its mandate. Legislation on whistleblowing is 
being discussed in Parliament and is expected to be approved during the first half of 2022. As 
regards prosecution and investigation of corruption, cooperation between relevant authorities 
is good. In addition, resources in the prosecution of corruption begun to be reinforced, while 
the number of cases detected and investigated continues to increase. 

Ireland  is  finalising  a  legislative  overhaul  of  its  media  law  undertaken  in  the  context  of 
transposing the revised Audiovisual Media Services Directive. Authorities have taken steps to 
mitigate the financial burden on media outlets caused by the pandemic and public information 
campaigns on the COVID-19 pandemic have played a role in supporting the viability of media 
outlets. Although recent figures show an even split of state advertising spending across national 
and regional media outlets, the lack of specific rules regarding the allocation of state advertising 
funds hinders the transparency of the process. The professional environment for journalists is 
largely  safe  and  the  ongoing  reform  of  the  defamation  rules  is  expected  to  have  a  positive 
impact on the work of journalists.  

Following discussions related to the consideration of new bills, new working methods have 
been adopted to improve the management of business in Parliament. The Irish Human Rights 
and Equality Commission has been re-accredited A status and received further funding. Ireland 
has a vibrant  and diverse civil  society,  but  a reform on the Electoral  Act  has  not  addressed 
concerns regarding legal obstacles for the funding of Civil Society Organisations.  

1 

 
RECOMMENDATIONS 

It is recommended to Ireland to: 

  Ensure  that  the  reform  of  the  appointment  and  promotion  of  judges,  as  regards  the 
composition  of  the  Judicial  Appointment  Commission,  is  taking  into  account  European 
standards on judicial appointments.  

  Continue  actions  aimed at  reducing  litigation  costs  to  ensure  effective  access  to  justice, 
taking  into  account  European  standards  on  disproportionate  costs  of  litigation  and  their 
impact on access to courts. 

  Strengthen the existing ethics framework, including on codes of conduct, asset declarations, 
revolving doors and lobbying, and in particular as regards the monitoring and enforcement 
capacity of the Standards in Public Office Commission. 

  Continue the reform of the Defamation Act to improve the professional environment for 

journalists taking into account European standards on the protection of journalists.  

  Take  measures  to  address  legal  obstacles  related  to  access  to  funding  for  civil  society 

organisations.  

2 

 
I. 

JUSTICE SYSTEM  

Ireland is  a common law jurisdiction, whose judiciary is divided into a civil and  a criminal 
branch. The court system comprises a court of final appeal (the Supreme Court), a Court of 
Appeal,  and  courts of first  instance which include a High Court with  full jurisdiction in  all 
criminal and civil matters and courts of limited jurisdiction: the Circuit Court and the District 
Court organised on a geographical basis. The Special Criminal Courts1 are non-jury courts and 
deal  with  paramilitary,  subversive  and  organised  crime  cases.  Moreover,  a  number  of 
specialised tribunals2 operate in different areas. A Judicial Council3 was established in 2019. 
Judicial  appointments  are  made  by  the  President  of  Ireland,  acting  on  the  advice  of  the 
Government. The Judicial Appointments Advisory Board (JAAB) is tasked with the selection 
of  suitable  candidates  for  appointment.  The  prosecution  service  is  not  part  of  the  judicial 
branch. The Attorney General is the legal adviser to the Government. The legal profession has 
two  types  of  lawyers  –  solicitors,  represented  by  the  Law  Society,  and  barristers,  largely 
represented by the Bar of Ireland. The Legal Services Regulatory Authority, an independent 
body established in 2016, is Ireland’s national statutory regulator for both branches of the legal 
profession. 

Independence  

The level of perceived judicial independence in Ireland continues to be high among the 
general public and very high among companies. Overall, 73% of the general population and 
77% of companies perceive the level of independence of courts and judges to be ‘fairly or very 
good’ in 20224. According to data in the 2022 EU Justice Scoreboard, the level has remained 
consistently high for the general public and very high for companies since 2016. The perceived 
judicial independence among the general public remains at the same level than in 2021. The 
perceived judicial independence among companies has slightly increased since 2021 (76%), 
but is lower in comparison with 2016 (79%). 

1   The Offences Against the State Act 1939 provides for the establishment of Special Criminal Courts. A Special 
Criminal Court now known as Special Criminal Court No. 1 is operating since 1972. Special Criminal Court 
No. 2 was established and is operating since 2016. A Special Criminal Court sits with three Judges and no 
jury. The Government appoints a panel of High Court, Circuit Court and District Court Judges to sit in the 
Special  Criminal  Courts.  There  are  currently  nineteen  judges  on  the  panel.  Cases  involving  terrorism  and 
organised crime offences are automatically brought before a Special Criminal Court for trial. Other offences 
are brought before or sent for trial when the Director of Public Prosecutions certifies that the ordinary Courts 
are inadequate to secure the effective administration of justice and the preservation of public peace and order. 
An appeal against a conviction or sentence by the Special  Criminal Courts can be brought to the Court of 
Appeal. 

2   Including  a  Labour  Court,  which  has  sole  appellate  jurisdiction  in  all  disputes  under  employment  rights 
enactments. While the Labour Court is not a court of law, when exercising this jurisdiction the Labour Court 
is involved in the administration of justice. The Court also carries a jurisdiction under the Industrial Relations 
Acts 1946 – 2015. In exercise of that jurisdiction it operates as an industrial relations tribunal, hearing both 
sides in a case and then issuing a Recommendation setting out its opinion on the dispute and the terms on 
which it should be settled. Recommendations made by the Court concerning the investigation of disputes under 
the Industrial Relations Acts 1946 – 2015 are not binding on the parties concerned. The Court's determinations 
under the Employment Rights enactments are legally binding. 

3   The main functions of the Judicial Council are to consider complaints in relation to judicial misconduct, to 
ensure  the  continuous  education  and  training  of  judges  and  to  draft  guidelines  on  certain  issues  including 
personal injuries’ damages. 

4   Figures 50 and 52, 2022 EU Justice Scoreboard. The level of perceived judicial independence is categorised 
as follows: very low (below 30% of respondents perceive judicial independence as fairly good and very good); 
low (between 30-39%), average (between 40-59%), high (between 60-75%), very high (above 75%). 

3 

 
                                                 
The  composition  of  the  envisaged  Judicial  Appointments  Commission  proposed  in  the 
Judicial Appointments Bill raises some concerns. On 8 April 2022, the Government tabled 
a  draft  law  in  Parliament  on  the  appointment  and  promotion  of  judges5.  It  provides  for  the 
establishment of a Judicial Appointments Commission composed of nine members to replace 
the current JAAB6. The Commission would be chaired by the Chief Justice and would have 
three judicial members7 and four lay members8, as well as the Attorney General in a non-voting 
capacity. This will lead to a total of eight voting members – four judicial and four lay persons. 
The draft law has incorporated some provisions following the consultations with stakeholders, 
such as unifying the procedure for appointments and promotions. The draft law also includes 
additional  guarantees  to  limit  the  level  of  discretion  of  the  Government  in  the  appointment 
procedure.  In  particular,  the  draft  law  provides  that  the  Commission  would  present  three 
candidates to the Government, and two additional recommendations for a second and additional 
vacancies.  In  addition,  the  Government  shall,  in  nominating  a  person  for  appointment  or 
election  to  a  judicial  office,  consider  for  nomination  only  those  persons  who  have  been 
recommended by the Commission.  Therefore, this  system better limits  the discretion of the 
Government compared to both the current system of a list of seven candidates9 and the system 
envisaged in the General Scheme10 of five unranked candidates. However, as already reflected 
in the 2021 Rule of Law Report11, the composition of the envisaged Commission12 does not 
provide  for  a  clear  majority  of  judges  chosen  by  their  peers13.  In  addition,  the  fact  that  the 
Attorney  General  would  sit  on  the  Commission  in  an  ex-officio  non-voting  capacity  was 
considered  a  concern  by  stakeholders14.  It  is  important  that  the  final  reform  approved  in 
Parliament  guarantees  judicial  independence,  in  line  with  EU  law  and  taking  into  account 
European standards15.  

5   Judicial Appointments Commission Bill 2022.  
6   2020 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 3. The JAAB is made up 
of the five court presidents, the Attorney General, a representative from both the  Law Society and the Bar 
Council, and three lay members appointed by the Minister for Justice. 

7   Two judges nominated by the Judicial Council (one having been a practising solicitor and one having been a 
practising barrister), one court president (being the president of the court in respect of which the Commission 
is to recommend persons for appointment). 

8   All will be selected in open competition by the Public Appointments Service. 
9   Section 16 of the Courts and Court Officers Act 1995. 
10   General Scheme of the Judicial Appointments Commission Bill 2020. Before a draft law (a Bill) is finalised, 

a ‘General Scheme’ of the Bill may be published, and this is often called the heads of the Bill. 

11   2021 Rule of Law Report, country chapter on the rule of law situation in Ireland, p. 4. 
12    However, the composition of the envisaged Commission can be considered as an improvement compared to 
the  composition  foreseen  in  the  draft  law  tabled  in  2017  (which  lapsed  with  the  end  of  the  previous 
parliamentary term) and which had a lay majority and a lay chairperson. 

13   Venice Commission, CDL-AD(2020)006, para.19. 
14   2021 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 4. The Human Rights 
and Equality Commission and the Law Society raised concerns as regards the independence of the Commission 
from the Government, as the Attorney General is also the Government’s chief legal advisor and sits at cabinet 
meetings. 
In this context, the Government of Ireland has pointed out that the Attorney General is a constitutional Office 
Holder who has a particular role in upholding the independence of the Judiciary, and the draft law, in all its 
elements, including in particular those relating to the composition of the Commission and notably its inclusion 
of a substantial number of judges and an equal number of lay persons, was drafted on the basis of careful legal 
considerations  and  will  serve  to  strongly  underpin  the  independence  of  the  Judicial  Appointments 
Commission.  

15   Recommendation CM/Rec(2010)12 of the Committee of Ministers of the Council of Europe, paras 46- 47. 
The European Court of Justice has, in the context of judicial appointments made by the executive branch with 
the involvement of a Judicial Appointments Committee, indicated that for such Committee to contribute to 

4 

 
                                                 
The Judicial Council has adopted conduct and ethics guidelines for judges. On 4 February 
2022, the Judicial Council approved guidelines on conduct and ethics16 for the judiciary. The 
guidelines had been prepared by the Judicial Conduct Committee of the Judicial Council and 
were approved unanimously by the 167 members of the Council. The guidelines are structured 
in line with the principles of the 2002 United Nations Judicial Group on Strengthening Judicial 
Integrity, the so-called ‘Bangalore Principles’: judicial independence, impartiality, integrity, 
equality, propriety, competence and diligence, and equality. They provide the framework for a 
detailed judicial misconduct complaints procedure as outlined in the Judicial Council Act 2019. 
However, Parliament remains in charge of deciding on the removal of judges from office and 
retains its margin of discretion in that regard17. As reflected in the 2021 Rule of Law Report18, 
this could raise concerns about the potential politicisation of the process, even if this process 
has so far never been engaged19. 

A scheme has been set up offering the possibility of legal representation by the Chief State 
Solicitor to judges in case of misconduct. In February 2022, the Attorney General introduced 
a protocol to specify the procedure and arrangements for the provision of legal representation 
to a judge in respect of a complaint before the Judicial Conduct Committee. The protocol was 
introduced to safeguard the independence of the judiciary and to ensure judges have available 
legal representation in relation to any allegations of judicial misconduct. The protocol indicates 
that in case of complaints, judges shall be entitled to legal representation by the Office of the 
Chief State Solicitor20; in particular, a panel of six senior and six junior counsels is set up for 
the implementation of the protocol. All costs related to such legal representation shall be borne 
by  the  Office  of  the  Chief  State  Solicitor.  Judges  remain  free  to  seek  legal  representation 
outside the arrangements of the protocol. The European Association of Judges has considered 
this scheme to have a positive impact on the independence of judges in Ireland21.  

The regime of incompatibilities of the Attorney General could be further strengthened. 
Under the Irish Constitution22, the Attorney General is the legal adviser to the Government but 
is not a member of Government23. There are no rules in place related to temporary employment 
of  the  Attorney  General  which  may  be  incompatible  with  the  exercise  of  their  functions. 
However, some legal guarantees exist. With the permission of the Government, it may be that 
a newly appointed Attorney General has existing legal commitments that must be completed 
in order to discharge professional obligations24.  In addition, the Attorney General is subject to 
a legal requirement to publicly disclose material conflicts of interest and to verify that taxes 

making the process more objective, it should be sufficiently independent of the legislative and executive and 
of the authority to which it is required to deliver a judicial appointment proposal. Judgment of the Court of 
Justice of 20 April 2021, Repubblika, case C-896/19, para. 66. 

16   Judicial Council 2022, Guidelines for the judiciary on conduct and ethics. 
17   2021 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 6. 
18   Ibid.  
19   Venice Commission opinion (CDL-AD(2010)004-e, para. 70.  
20   The Chief State Solicitor's Office (CSSO) is a constituent element of the Office of the Attorney General. The 
CSSO provides litigation, advisory and conveyancing services to Government Departments and Offices and 
to certain other State agencies. The CSSO also provides solicitor services at Tribunals and Commissions of 
Inquiry and represents Ireland at the Court of Justice of the European Union. 

21   Contribution from the European Association of Judges for the 2022 Rule of Law Report, p. 21. 
22   Constitution of Ireland, Article 30.  
23   The Attorney General has limited prosecution responsibilities. Those responsibilities are mostly held by the 
Director of Public Prosecutions. According to the Ministers and Secretaries Act 1924, section 6(2), an Attorney 
General may also be elected to be a member of the Parliament.  

24   In practice this has arised in only a small number of cases. 

5 

 
                                                 
are  compliant.  The  Attorney  General  has  also  to  comply  with  Prevention  of  Corruption 
legislation and has ongoing ethical and professional obligations as a practising (court advocate) 
barrister.  Traditionally,  Attorneys  General  have  been  practising  court  advocates  (barristers) 
prior to  appointment  and in  instances  where  a conflict  of interest  or a perceived conflict  of 
interest arises in relating to existing State legal files or new files that arise during the term of 
office  of  an  Attorney  General  (for  example,  where  an  Attorney  General  may  have  prior  to 
appointment  advised  a  person  involved  in  litigation  against  the  State),  the  practice  is  for 
Attorneys General to recuse themselves from the relevant file. Though long-established, these 
situations  related  to  the  regime  of  incompatibilities  of  the  Attorney  General  may  affect 
perceptions of their independence.  

Quality  

The number of judges in the High Court has been increased, while the number of judges 
per inhabitant in Ireland remains low. In November 2021, Parliament approved a proposal 
by the Government25 to fill five additional posts in the High Court26. However, the President 
of the High Court has stated that even more judges are needed to deal with the backlog of cases 
caused by the pandemic27. In addition, the number of judges per inhabitant remains the lowest 
of the EU28. The report of the Judicial Planning Working Group set up by the Government29 to 
consider the number and type of judges required to ensure the efficient administration of justice 
over the next 5 years is expected to be published in October 2022. Moreover, the Government 
requested the OECD to undertake an independent research to make a comparative analysis of 
the number of judges with other OECD countries. The findings of this research will be used as 
an evidential base to support the deliberations of the Working Group recommendations.  

The Government continues to work to address existing concerns in relation to litigation 
costs and the legal aid system. Following a review of the Administration of Civil Justice in 
202030, concerns have remained in relation to the litigation costs in Ireland31. The Minister for 
Justice stated in October 2021 that legal costs in Ireland are prohibitive and act as a barrier to 
people  exercising  their  rights  before  the  courts32.  The  lack  of  predictability  of  costs  is 
particularly problematic for victimless claims, such as environmental claims33, where litigants 
are not aiming to gain an economic benefit from their legal action, but act in the public interest. 
It has been pointed out34 that the issue is also aggravated due to the limited range of possibilities 
for  alternative  dispute  resolution  in  Ireland35.  A  Working  Group  on  costs  of  litigation  is 
carrying out an economic analysis of models or approaches to reducing litigation costs and it 

25   Civil Law (Miscellaneous Provisions) Act 2021. 
26   Input from Ireland for the 2022 Rule of Law Report, p. 11. 
27   Contribution from Law Society of Ireland for the 2022 Rule of Law Report, p. 12. The President of the High 

Court has stated that at least 17 additional posts are needed.  

28   Figure 36, 2022 EU Justice Scoreboard. 
29   The Working Group is independently chaired and comprises representatives from the Departments of Justice, 
Public Expenditure and Reform and An Taoiseach, the Courts Service and the Office of the Attorney General. 
30   Review Group Report on the Administration of Civil Justice, Chairperson: The Hon. Mr. Justice Peter Kelly, 

Former President of the High Court. 

31   2021 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 7. 
32   Chief Justice’s Working Group on Access to Justice Conference 1st and 2nd October 2021.  
33   European Commission (2019), The Environmental Implementation Review 2019, Country Report Ireland. The 
review recommended Ireland to ensure that individuals and environmental NGOs can bring environmental 
challenges without facing prohibitive costs, including in nature and air quality cases.  

34   Information received from ISME in the context of the country visit to Ireland.  
35   Figure 29, 2022 EU Justice Scoreboard. 

6 

 
                                                 
is  expected  to  publish  its  findings  in  June  2022.  This  is  important,  as  European  standards 
provide that disproportionate high costs can limit the access to a court of citizens36. In relation 
to legal aid, the Civil Legal Aid Bill 202137 is progressing through Parliament. In addition, a 
General Scheme of a Criminal Legal Aid Bill is  being prepared, which  aims to transfer the 
administration of the Criminal Legal Aid Scheme to the Legal Aid Board. Stakeholders have 
raised concerns that cuts on legal aid fees imposed since 2008 are still in force, discouraging 
barristers from pursuing a career at the Bar in criminal practice, threatening the criminal justice 
system38. 

The  development  of  digital  solutions,  as  planned  in  new  digital  justice  strategies,  will 
enhance the digitalisation of justice, including the use of digital technology by courts. In 
October  2021,  the  Courts  Service39  published  the  ICT  Strategy  2021-202440.  The  strategy 
identifies  6  key  themes  and  42  actions,  targeting  improvements  in  areas  such  as  court 
technology and digital case management, as well as desktop and infrastructure enhancements, 
ICT  security  and  resilience,  and  ICT  governance.  The  ICT  Strategy  was  complemented  in 
December 2021 with a Data Strategy41, aimed at strengthening existing data governance and 
data  security  processes.  These  strategies  may  contribute  to  remedy  existing  gaps  in  the 
digitalisation of justice. In particular, Ireland scores below the EU average on the use of digital 
technology by courts42, electronic communication tools in courts43, digital solutions to conduct 
and  follow  court  proceedings  in  criminal  cases44  and  procedural  rules  that  allow  digital 
technology in court cases45. It is also important that the digitalisation of the Irish justice system 
allows for the gathering of data on the length of proceedings.  

Work on the review of the Offences Against the State Acts continues. The Group to review 
the  Offences  Against  the  State  Acts,  set  up  in  February  2021,  has  continued  its  work.  The 
Group was set up following calls from  the United Nations and civil society for considering 
either the abolition of the Special Criminal Court, which was established in 1972 to deal with 
terrorism  and  organised  crime  cases,  or  to  strengthen  the  procedure  of  the  Court  to  ensure 
respect of the right to fair trial46. The Group submitted an interim report to the Minister for 
Justice in August 202147.  

36   Judgments of the European Court of Human Rights of 28 October 1998, Aït-Mouhoub v. France, 22924/93, 

paras. 57-58, and of 15 February 2000, Garcia Manibardo v. Spain, 38695/97, paras. 38-45.  

37   Civil Legal Aid (Exclusion of Value of Free or Partly Free Board) (Amendment) Bill 2021. 
38   Written  contribution  from  the  Irish  Council  for  Civil  Liberties  in  the  context  of  the  country  visit,  p.  4; 

information received by the Bar of Ireland in the context of the country visit to Ireland.  

39   The Courts Service is responsible for the administration and management of the courts in Ireland. Its primary 
functions are to manage the courts, support the judges, provide information on the courts system to the public 
and provide court buildings and facilities for court users. The Courts Service  has no role in relation to the 
administration of justice which is a matter for the courts and the judiciary.  

40   Courts Service 2021, ICT Strategy 2021-2024. 
41   Courts Service 2021, Data Strategy 2021-2024. 
42   Figure 43, 2022 EU Justice Scoreboard. 
43   Figure 44, 2022 EU Justice Scoreboard. 
44   Figure 47, 2022 EU Justice Scoreboard. 
45   Figure 42, 2022 EU Justice Scoreboard. 
46   2021 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 8. 
47   Review of the Offences Against the State Acts 1939 to 1998, August 2021. Three-month report to the Minister 

for Justice. 

7 

 
                                                 
Efficiency 

The length of court proceedings is not systemically assessed. There is no system to regularly 
evaluate the court performance based on defined indicators. Therefore, there is no information 
on the length of proceedings provided in the Justice Scoreboard48, with the exception of the 
rate of resolving litigious civil and commercial cases, which is one of the lowest in the EU49. 
Some information is available in annual reports from the Court Service. Those reports show 
that the average length of proceedings in the High Court in 2020 was 660 days, a decrease of 
around 125 days from 201950. However, the average length of proceedings for criminal cases 
regarding summary offences slightly increased (by around 33 days in comparison with 2019)51. 
The length  of proceedings  at  the Court of  Appeal  has significantly  decreased both for civil 
cases (from 1220 days in 2019 to 579 days in 2020) and criminal cases (from 705 days in 2019 
to  371  days  in  2020)52.  The  average  length  of  proceedings  in  the  Supreme  Court  has  also 
decreased, but remains very high (2513 days in 2020). It would be important that data on the 
length of proceedings is systematically recorded in line with the methodology of the Council 
of Europe European Commission for the efficiency of justice53. 

The Government has proposed a compensation scheme for cases of excessive length of 
court proceedings. Legislation establishing a compensation scheme to award damages in the 
event of protracted court proceedings is a long-pending requirement by a European Court of 
Human  Rights  (‘ECtHR’)  judgment  from  201054.  The  Government  approved  the  General 
Scheme  establishing  a  compensation  scheme  for  cases  of  excessive  length  of  court 
proceedings55  on  21  July  2021.  Its  main  aim  is  to  provide  for  the  establishment  of  an 
independent Assessment Board to assess claims for delay in court proceedings at first instance 
and  to  award  compensation,  if  appropriate.  The  General  Scheme  also  provides  for  the 
procedures to be followed by the Board and the criteria by which claims and compensation are 
to  be assessed, by reference to  the criteria and principles applied by the European Court of 
Human Rights in delay cases.  

II. 

ANTI-CORRUPTION FRAMEWORK  

The responsibility to fight against and prevent corruption in Ireland falls under the control of 
several public authorities. The national police (An Garda Síochána), specifically, the Garda 
National  Economic  Crime  Bureau  (GNECB)56,  investigates  and  prevents  corruption.  The 
GNECB has a specialised Anti-Bribery & Corruption Unit that oversees the investigation of 
bribery and corruption at national level. Within the national police, the Garda Anti-Corruption 
Unit  (GACU)  is  responsible  for  promoting  integrity  as  well  as  detecting  and  investigating 
corruption.  The  Garda  Síochána  Ombudsman  Commission  (GSOC)  investigates  cases  of 

48   Figures 6, 7, 8, 9 and 10, 2022 EU Justice Scoreboard. 
49   Figure 11, 2022 EU Justice Scoreboard. Data obtained from CEPEJ study. Only 62% of the incoming cases 
were resolved in 2020. The number of resolved cases in Ireland is expected to be underreported due to the 
methodology. 

50   Courts Service, 2021. Annual Report 2020, p. 105. 
51   Ibid. 
52   Courts Service, 2021. Annual Report 2020, p. 106.  
53   2021 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 8. CEPEJ data feed the 

EU Justice Scoreboard. 

54   Judgment of the Grand Chamber of the European Court of Human Rights of 10 September 2010, McFarlane 

v. Ireland, 31333/06. 

55   General Scheme of the European Convention on Human Rights (Delay in Court Proceedings) Bill. 
56   Specialist bureau that investigates fraud-related crime involving complex issues of criminal law or procedure. 

8 

 
                                                 
misconduct of the national police affecting the public interest57. The Standards in Public Office 
Commission  (SIPO)  continues  overseeing  the  integrity  framework  for  public  officials 
including conflicts of interest, lobbying and party financing where it also provides advice to 
office holders58. 

The perception of public sector corruption among experts and business executives is that 
the level of corruption in the public sector remains relatively low. In the 2021 Corruption 
Perceptions Index by Transparency  International, Ireland scores 74/100 and ranks 6th in the 
European Union and 13th globally59. This perception has been relatively stable60 over the past 
5  years.  The  2022  Special  Eurobarometer  on  Corruption  shows  that  59%  of  respondents 
consider corruption widespread in their country (EU average 68%) and 16% of respondents 
feel  personally  affected  by  corruption  in  their  daily  lives  (EU  average  24%)61.  As  regards 
businesses, 28% of companies consider that corruption is widespread (EU average 63%) and 
7%  consider  that  that  corruption  is  a  problem  when  doing  business  (EU  average  34%)62. 
Furthermore, 32% of respondents find that there are enough successful prosecutions to deter 
people from corrupt practices (EU average 34%)63, while 26% of companies believe that people 
and  businesses  caught  for  bribing  a  senior  official  are  appropriately  punished  (EU  average 
29%)64.  

The Government’s plan to review the national anti-corruption structure and strategy is 
progressing slowly. Following up on the so-called 2020 “Hamilton review”65, the Government 
published a plan for implementing the review’s recommendations66. One of the commitments 
was the establishment of a permanent Advisory Council, which was set-up with some delay in 
May 202267. The Council will be composed of a Chairperson and six representatives from the 

57   More information: https://www.gardaombudsman.ie/ 
58   Including: the Ethics in Public Office Acts 1995, which set out standards of conduct for public officials, elected 
and appointed; the Electoral Act 1997, which regulates political financing, including political donations and 
election expenses; The Oireachtas (Ministerial and Parliamentary Activities) (Amendment) Act 2014, which 
regulates expenditure of public funds to political parties and independents; and the Regulation of Lobbying 
Act 2015, which makes the lobbying of public officials more transparent. 

59  Transparency  International  (2022),  Corruption  Perceptions  Index  2021,  pp.  2-3.  The  level  of  perceived 
corruption  is  categorised  as  follows:  low  (the  perception  among  experts  and  business  executives  of  public 
sector corruption scores above 79); relatively low (scores between 79-60), relatively high (scores between 59-
50), high (scores below 50). 

60   In 2017 the score was 74, while, in 2021, the score is 74. The score significantly increases/decreases when it 
changes  more  than  five  points;  improves/deteriorates  (changes  between  4-5  points);  is  relatively  stable 
(changes from 1-3 points) in the last 5 years. 

61   Special Eurobarometer 523 on Corruption (2022). The Eurobarometer data on citizens’ corruption perception 
and experience is updated every second year. The previous data set is the Special Eurobarometer 502 (2020). 
62   Flash Eurobarometer 507 on Businesses’ attitudes towards corruption in the EU (2022). The Eurobarometer 
data on business attitudes towards corruption as is updated every second year. The previous data set is the 
Flash Eurobarometer 482 (2019). 

63   Special Eurobarometer 523 on Corruption (2022).  
64   Flash Eurobarometer 507 on Businesses’ attitudes towards corruption in the EU (2022).  
65   Department  of  Justice  (2020),  Review  of  structures  and  strategies  to  prevent,  investigate  and  penalise 

economic crime and corruption Report of the Review Group.  

66   2021 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p 10; Department of Justice 
(2021),  A  Review  of  Structures  and  Strategies  to  Prevent,  Investigate  and  Penalise  Economic  Crime  and 
Corruption. An Implementation Plan April 2021.  

67   James Hamilton, who chaired the Hamilton Review, was announced as chair of the new advisory council. See 
Ministry  of  Justice,  Minister  McEntee  announces  former  Director  of  Public  Prosecutions  to  chair  new 
Advisory  Council  against  Economic  Crime  and  Corruption;  Input  from  Ireland  for  the  2022  Rule  of  Law 

9 

 
                                                 
business  and  financial  sectors,  academia  and  civil  society.  The  Advisory  Council  will  be 
responsible for the strategic and policy response to corruption and for coordinating the draft of 
the anti-corruption strategy68. Its delayed establishment has adversely affected the development 
of  the  multi-annual  National  Strategy  and  Action  Plan  to  Combat  Economic  Crime  and 
Corruption. Once the Advisory Council becomes operational, the drafting of the strategy will 
start. The draft is expected to be ready in 202369. Additionally, a permanent forum of senior 
representatives from various investigative agencies, established in June 202170, contributes to 
the operationalisation of the strategic approach to fight corruption, enhancing cooperation and 
providing  a  channel  for  information  exchange71.  The  forum  provides  investigators  of 
corruption with access to joint training programmes72 and is currently collecting information 
to  identify  legislative  gaps  related  to  the  sharing  of  information,  among  other  legislative 
proposals73. Further reforms envisaged in the implementation plan, such as the revision of the 
ethics framework in public office or the resourcing of specialised bodies, are still pending, with 
so far no further steps being noted.  

While  there  is  a  comprehensive  criminal  legal  framework  addressing  corruption  and 
bribery, further reforms could strengthen the fight against corruption. The 2018 Criminal 
Justice  Act  provides  for  the  criminalisation  of  an  extensive  range  of  corruption-related 
offences, including foreign bribery, and establishes deterrent sanctions including sentences of 
up to 10 years and unlimited fines upon final conviction74. Following the Hamilton review75, 
the  Department  of  Justice  has  continued  working  on  the  implementation  of  the  legislative 
priorities highlighted in last year’s Rule of  Law Report76. The new Criminal Procedure Act 
202177 entered into force in February 202278. The Act introduces preliminary trial hearings to 

Report p. 18, and Written contribution received by the Department of Justice in the context of the country visit 
to Ireland. 

68   Department  of  Justice  (2021),  A  Review  of  Structures  and  Strategies  to  Prevent,  Investigate  and  Penalise 
Economic Crime and Corruption Implementation Plan, April 2021 and Ministry of Justice, Minister McEntee 
announces former Director of Public Prosecutions to chair new Advisory Council against Economic Crime 
and Corruption. 

69   Input  from  Ireland  for  the  2022  Rule  of  Law  Report,  p.  18,  and  Written  contribution  received  by  the 

Department of Justice in the context of the country visit to Ireland. 

70   The  Forum  gathers  senior  representatives  from  various  investigative  agencies  including:  GNECB,  Central 
Bank of Ireland (CBI), Competition and Consumer Protection Commission (CCPC), Office of The Director 
of Corporate  Enforcement (ODCE), Office  of the Director of Public Prosecutions (ODPP), and SIPO See: 
Department  of  Justice  (2021),  A  Review  of  Structures  and  Strategies  to  Prevent,  Investigate  and  Penalise 
Economic Crime and Corruption Implementation Plan, April 2021, p. 3. 

71   Department  of  Justice  (2021),  A  Review  of  Structures  and  Strategies  to  Prevent,  Investigate  and  Penalise 

Economic Crime and Corruption Implementation Plan, April 2021, p. 3. 

72   Department  of  Justice  (2021),  A  Review  of  Structures  and  Strategies  to  Prevent,  Investigate  and  Penalise 

Economic Crime and Corruption Implementation Plan, April 2021, p. 3. 

73   Following the legislative recommendations included in the Government implementation plan, the Forum is 
responsible together with the Department of Justice for conducting a comprehensive review of any legislation 
necessary to facilitate the optimal exchange of information and intelligence between investigative agencies to 
ensure the necessary clarity on the respective roles and powers of agency personnel under a Joint Agency Task 
Force  model  and  in  relation  to  Memoranda  of  Understanding.  See  written  contribution  received  by  the 
Department of Justice in the context of the country visit to Ireland. 

74   Criminal Justice (Corruption Offences) Act 2018. 
75   Department of Justice (2021), Hamilton Review Group Implementation Plan. 
76   2021 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 10.  
77   Irish Parliament (2021), Criminal Procedure Act 2021.  
78   Criminal Procedure Act 2021. 

10 

 
                                                 
prepare  the  parties  ahead  of  trials79,  and  aims  to  bring  efficiency  to  processes  dealing  with 
complex criminal offences such as white-collar crimes80. Also, some key legislative revisions 
planned by the Government81, still remain unaddressed and require further attention82. These 
relate to the inclusion of bid-rigging offences in competition law and public procurement rules, 
and to the reinforcement of the ethics framework to address the issue of misconduct of former 
members of Parliament and public office holders83.  

Cooperation  within  and  between  police  and  prosecution  has  proven  effective  in 
investigating  and  prosecuting  corruption.  The  investigation  of  corruption  offences  is  a 
shared task within the national police, including the GNECB and its specialised Anti-Bribery 
& Corruption Unit. In addition, Ireland has recently established a dedicated anti-corruption unit 
within the national police, the GACU, to investigate and prevent corruption inside the police, 
but  no  cases  of  wrongdoing  have  been  reported  yet84.  The  GACU  is  led  by  a  Chief 
Superintendent who has two Detective Superintendents and 23 police officers of other ranks 
reporting to her85. This special unit includes an integrity section to encourage ethical behaviour 
and  professionalism  across  the  national  police86.  The  prosecution  of  corruption  offences 
remains under the control of the Office of the Director of Public Prosecutions (ODPP) and its 
Special Financial Crime Unit that deals with cases of high complexity87. However, the national 
police can exercise prosecution powers for summary trial in the District Court delegated from 
the ODPP for certain low-level offences, including theft, handling and forgery offences. This 
does not include corruption offences88. In these cases, it is for the national police to deliberate 
on the prosecution, subject to parameters and legal  guarantees set out  in General Directives 

79   Issues  that  can  be  dealt  with  at  the  preliminary  trial  hearings  include  disclosure,  availability  of  witnesses, 
necessity  of  particular  practical  measures  or  technological  equipment,  length  of  the  trial,  severance  of 
Indictments, additional jurors, agreement of evidence, special measures for vulnerable witnesses, admissibility 
of evidence. 

80   Department  of  Justice  (2022),  Press  Release  -  Pre-trial  hearings  can  take  place  from  today  under  Act 
commenced by Minister McEntee. Updating this legislation was notably a recommendation of the Hamilton 
Review. Notably, ‘the Bill has the potential to significantly enhance the ability of the relevant prosecutorial 
bodies to effectively prosecute economic crimes and corruption as well as to enhance the efficiency of criminal 
trials generally’. See Department of Justice (2020), Review of structures and strategies to prevent, investigate 
and penalise economic crime and corruption Report of the Review Group, pp. 34-35. 

81   2021 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 10. Further, the amended 
General Scheme of An Garda Síochána (Powers) Bill was published in June 2021. Once in force, the Bill will 
introduce a single power of arrest and will allow the police to require a person to provide passwords for access 
to electronic devices  when carrying out a  search  warrant.  However, the bill  has been  heavily criticised by 
stakeholders and members of Parliament, and it remains unclear if it will be proceeded in Parliament.  

82   The  implementation  plan  envisaged  for  recommendations  16  and  17  to  be  dealt  with  within  2021  and  for 
recommendation 12 to seek government approval in Q2 2022. See Department of Justice (2021), Hamilton 
Review Group Implementation Plan 

83   Recommendation 16 calls to  ‘Amend competition law to create a specific offence of bid-rigging or, in the 
alternative, specify bid-rigging as an offence as a form of market sharing’; and recommendation 17 calls to 
‘introduce legislation to enable the collection, collation and analysis of all public procurement data to detect 
and deter bid-rigging’. See Department of Justice (2021), Hamilton Review Group Implementation Plan. 

84   Information received from the Police in the context of the country visit to Ireland. 
85   Irish National Police and Security service (2021), An Garda Síochána Introduces Anti-Corruption Policies to 

Keep People Safe.  

86   Input from Ireland for the 2022 Rule of Law Report, p. 31. 
87   2021 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, pp. 10-11. 
88   An offence under section 4 of the Criminal Justice (Theft and Fraud Offences) Act, 2001 (the Act of 2001) 

(theft) where the property appropriated does not exceed EUR 7 000 in value. 

11 

 
                                                 
issued by the DPP to of the police.89. A high-level group within the Department of Justice is 
currently reviewing the prosecution role attributed to the national police90, following a 2018 
recommendation from the Commission on the Future of Policing to remove any prosecution 
power from the police91.  

Resources  assigned  to  the  investigation  and  prosecution  of  corruption  have  increased; 
meanwhile  the  number  of  cases  detected  and  investigated  continues  to  grow.  The 
Government has acted upon the critical resources situation within the Prosecutor’s Office92 as 
the workload continued to increase in 202193. The ODPP has confirmed the increase of staff 
with 35 new posts, bringing the total to 26094. This allocation is for the entire Office and not 
limited to corruption offences. Not all posts have been filled or assigned yet95. Currently, there 
are three legal staff in the Special Financial Crime Unit of the Prosecutors Office.  This Unit’s 
purpose is to handle a small number of strategically important financial cases, including some 
corruption cases. 96. While there has been an increase in staff in the police, with 22 new staff 
members assigned to the GNECB since last year, resources remain insufficient to effectively 
handle corruption cases97. The national police is currently developing a strategic long-term plan 
for resourcing the GNECB, but it remains unclear if its specialised Anti-Bribery & Corruption 
Unit will be allocated additional staff98.  

The  Government  is  reviewing  the  ethics  legislative  framework  with  the  intention  to 
present  a  legislative  proposal  for  reform  by  the  end  of  this  year.  Rules  on  conflicts  of 
interest national vs. local government level are not harmonised in Ireland99. As reported last 
year, a legislative priority for the Government100 is the consolidation and strengthening of the 
legal  framework  to  prevent  conflicts  of  interest  in  public  office101.  The  Minister  for  Public 
Expenditure and Reform is  currently assessing the results of the public  consultation,  which 

89   For instance, the national police is encouraged to seek direction from the ODPP in such cases where the matter 
raises unusual questions or is of public interest. The relevant offences and parameters of the delegation are set 
out 
the  ODPP  website 
https://www.dppireland.ie/publication-category/general-directive-for-garda/.  The  main  current  General 
Directive is General Directive No. 3. 

the  ODPP  and  available  on 

in  General  Directives 

issued  by 

90   The Department of Justice set up the High Level Review Group to consider the role of An Garda Síochána in 
the public prosecution system and is currently working on a study which is expected to be completed in Q1 
2022. Irish Parliament (2022), Question of Mary Lou McDonald to the Minister for Justice. 
91   Commission on the Future of Policing in Ireland (2018), The Future of Policing in Ireland. 
92   Department  of  Justice  (2021),  A  Review  of  Structures  and  Strategies  to  Prevent,  Investigate  and  Penalise 

Economic Crime and Corruption Implementation Plan, April 2021. 

93   Office of the Director of Public Prosecutions (2021), Department of Public Expenditure and Reform, Annual 

Report 2020, p. 5.  

94   Office of the Director of Public Prosecutions (2021), Department of Public Expenditure and Reform, Annual 

Report 2020, p. 5. 

95   Information received from ODPP in the context of the country visit to Ireland. 
96   Information received from ODPP in the context of the country visit to Ireland.  
97   Information received from GNECB in the context of the country visit to Ireland and Department of Justice 
(2021),  Hamilton  Review  Group  Implementation  Plan:  A  Review  of  Structures  and  Strategies  to  Prevent, 
Investigate and Penalise Economic Crime and Corruption, April 2021.  

98   Input from Ireland for the 2022 Rule of Law Report, p. 15. 
99   2021 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 12. 
100  As mentioned by the Irish Minister for Public Expenditure and Reform in the Irish Legal News: ‘My goal, is 
to reform the legislation to create a clear and unambiguous ethical framework that supports public governance’ 
(22 December 2021). See Irish Legal News (2021), Review of Ethics Legislation Consultation extended.  
101 Input from Ireland for the 2022 Rule of Law Report, p. 20 and Department of Justice (2021), A Review of 
Structures and Strategies to Prevent, Investigate and Penalise Economic Crime and Corruption Implementation 
Plan, April 2021. 

12 

 
                                                 
closed in January 2022102. The outcome of the consultation highlights the need for harmonised 
ethics  rules  and  raises  concerns  regarding  the  limited  investigative  capacity  and  lack  of 
enforcement powers of the Standards in Public Office Commission (SIPO)103. The review aims 
to consolidate the integrity regime for public officials. Its point of departure is the draft 2015 
Public  Sector  Standards  Bill104,  which  could  not  be  agreed  before  the  dissolution  of  the 
Parliament in 2020105. The review also aims to provide legal solutions to cases of misconduct 
in public office, particularly by former members of Parliament106. While the outcome of the 
review will be available during the course of summer 2022, the Government will not present 
the  reform  proposal  until  later  this  year107.  The  current  integrity  framework  provides  a 
legislative  basis  for  codes  of  conduct  for  office  holders,  civil  servants,  and  members  of 
Parliament108.  However,  separate  integrity  regimes  at  national  and  local  level  generate 
confusion as to what ethic requirements should apply to public officials109. The SIPO continues 
monitoring the codes and providing ethics trainings but lacks enforcement powers110. SIPO’s 
investigations in case of misconduct are accessible to the public and followed by an assessment 
report and press release111. 

102  Input from Ireland for the 2022 Rule of Law Report, p. 20; Information received from GNECB in the context 
of the country visit to Ireland and Irish Government (2021), Ethics in Public Life - Reform and Consolidation 
of Ireland’s Statutory Framework: ‘A public consultation exercise launched in November 2021 and closed in 
mid-January 2022. Ten submissions were received on foot of this exercise: these include a limited number on 
behalf of individual citizens, as well as submissions from opposition political parties. Submissions were also 
received from Transparency International’.  

103  Information received from Department of Justice in the context of the country visit to Ireland. 
104 The 2015 Public Sector Standards Bill aimed at consolidating the statutory framework for ethics and give effect 
to  relevant  recommendations  of  the  Mahon  and  Moriarty  Tribunals.  See  also  2020  Rule  of  Law  Report, 
Country Chapter on the rule of law situation in Ireland, p. 9. 

105 2020 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p.10; Public Sector Standards 

Bill 2015. 

106  Input from Ireland for the 2022 Rule of Law Report, p. 20 and Department of Justice (2021), A Review of 
Structures and Strategies to Prevent, Investigate and Penalise Economic Crime and Corruption Implementation 
Plan, April 2021. 

107  Input from Ireland for the 2022 Rule of Law Report, p. 20. 
108  The  Code  of  Conduct  for  Office  Holders  (as  prescribed  under  the  Ethics  Acts)  includes  Ministers  of 
Government, the Attorney General and Ministers of State. See https://www.sipo.ie/acts-and-codes/codes-of-
conduct/office-holders/index.xml  The  Civil  Service  Code  of  Standards  and  Behaviour  includes  Secretaries 
General  and  Special  Advisers.  See  https://www.sipo.ie/acts-and-codes/codes-of-conduct/  The  Codes  of 
Conduct  for  Oireachtas  Members  covers  members  of  Parliament.  See  https://www.sipo.ie/acts-and-
codes/codes-of-conduct/  

109  Irish Government (2021), Ethics in Public Life - Reform and Consolidation of Ireland’s Statutory Framework, 

p. 9. 

110  SIPO considers that the current ethics legislation should be re-considered in its entirety to provide for a more 
robust regulatory framework. In particular, SIPO considers that the legislation governing its work should be 
strengthened  in  order  to  give  it  powers  to  impose  sanctions  as  opposed  to  being  limited  to  making 
recommendations.  See  Department  of  Justice  (2021),  A  Review  of  Structures  and  Strategies  to  Prevent, 
Investigate and Penalise Economic Crime and Corruption Implementation Plan, April 2021, p. 3 and Standards 
in Public Office Commission (2021), 2020 Annual Report, p. 13. In addition, the outgoing Head of Ethics and 
Lobbying Regulation said in media that ‘the biggest challenge she had faced in her seven-year term at the 
Standards in Public Office Commission (SIPO) was the view that ethics was “a once-a-year, fill-in-a-form” 
exercise’. See Independent (2022), No gifts of more than €100 and no hiring family members when you are a 
politician or senior public official, says ethics boss.  

111  All these reports of investigations are accessible at SIPO’s website.  

13 

 
                                                 
Asset disclosure obligations remain incomplete and are currently being reviewed. Rules 
on asset and interest declarations apply to public office holders112, members of Parliament and 
civil servants under the Ethic Acts113. However, only members of Parliament are required to 
publicly disclose their interests and present annual statements to SIPO114. As reported in several 
instances, the material scope of declarations remains limited, as they do not cover significant 
liabilities  and/or  financial  and  economic  involvements115.  As  mentioned  above,  the 
Government  is  committed  to  review  the  ethics  legislative  framework,  including  the  asset 
declaration regime, with work continuing during 2022, including as regards the enforcement 
powers of the SIPO116. Reform will cover systematic disclosure of actual and potential conflicts 
of interest117. 

SIPO continues to investigate potential breaches of the 2015 Lobbying Act. Ireland’s legal 
framework on lobbying provides for a comprehensive set of rules118. The 2015 Lobbying Act119 
and its two statutory reviews ensure a degree of transparency in the activity of lobbying with a 
mandatory register for interest representatives, which consists of a public web-based system 
subjected to SIPO’s oversight120. The 2015 Lobbying Act also provides a one-year cooling off 
period.  However,  there  are  currently  no  enforcement  provisions  associated  with  the  post-
employment restrictions121. The third statutory review of the Act is legally required to start by 
1  September  2022122,  SIPO  has  indicated  it  could  repeat  some  recommendations,  including 
introducing  sanctions  for  breaches  of  the  Act  with  penalties  of  up  to  EUR  15.000  and  a 
prohibition  to  lobby  for  2  years123.  As  reported  last  year,  SIPO  has  a  number  of  powers  to 

112  Office holders are required to provide a written statement of interests and additional interest including those 
of  spouses  and  relatives  to  SIPO,  but  these  are  exempt  from  publication.  This  term  includes  Ministers, 
Ministers of State, Taoiseach, Tánaiste, a member who is Attorney General, and Chairman and Deputy of both 
Houses and chair of a House Committee; Input from Ireland for the 2022 Rule of Law Report, p. 25. 

113 The Ethics in Public Office Act 1995 and the Standards in Public Office Act 2001 are cited together as the 

Ethics Acts. The Minister for Public Expenditure and Reform has responsibility for these Acts. 

114  Input from Ireland for the 2022 Rule of Law Report, p. 25. 
115  2021 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p 11-12; GRECO Fourth 

Evaluation Round - Second Interim Compliance Report, p. 9. 

116  Department of Justice (2021), Hamilton Review Group Implementation Plan. 
117 Irish Government (2021), Ethics in Public Life - Reform and Consolidation of Ireland’s Statutory Framework, 

p. 10.  

118  Including a definition of lobbying, a list of professional activities and sectors involved, and a targeted list of 
‘designated public officials’ (DPOs) who are required to declare their meetings and contacts. Department of 
Public Expenditure and Reform (2020), Second Statutory Review of the Regulation of Lobbying Act 2015. 

119  Irish Statute Book, Regulation of Lobbying Act, 2015. 
120  Lobbyists are required to register beforehand and report their lobbying activities every 4 months. Obligations 
on lobbyists include registration and to provide information regularly about their lobbying activities, including, 
in the case of professional lobbyists, information about their clients A number of updates to the register were 
carried during 2020 and 2021 to improve register’s usability and functionality, adding a facility to send return 
reminders to users and additional tools to improve searchability. Report 2021 SIPO. 

121  In September 2020, the Taoiseach announced in Dáil Éireann that section 22 of the Act, concerning restrictions 
on post-term employment as a lobbyist, should be reviewed. Subsequently, the Minister for Public Expenditure 
and Reform directed that the review be expanded to include  a study of the recommendations  made by the 
Commission to both previous reviews, as well as the question of lobbying of relevant persons while they are 
outside of the State and issues raised in two Private Members’ Bills. 

122  Input from Ireland for the 2022 Rule of Law Report, p. 23. 
123  Information received from SIPO in the context of the country visit to Ireland. 

14 

 
                                                 
sanction  non-compliance124  with  the  Act  by  designated  public  officials125..  As  regards 
compliance  with  transparency  in  lobbying  requirements,  SIPO  reported  three  investigations 
initiated during 2020 as well as the prosecution of four cases with one case remaining before 
court by end 2020 and two in which compliance was achieved prior to a verdict126.  

The  Protected  Disclosures  (Amendment)  Bill  2022  is  at  an  advanced  stage  in  the 
legislative process and is expected to be enacted in mid July 2022.  It aims at transposing 
the  EU  Whistleblowing  Directive  into  Irish  law.  In  particular,  it  extends  the  scope  of  the 
legislation  to  include  volunteers,  shareholders,  persons  belonging  to  the  administrative, 
management or supervisory body of an undertaking, and those whose work based relationship 
is  yet  to  begin.127.  The  Government  has  increased  financial  support  to  Transparency 
International Ireland (TII) to operate a “Speak Up” helpline and a legal advice centre that offers 
information and advice to support whistleblowers and potential whistleblowers. TII has also 
been nominated to receive protected disclosures from Garda personnel on suspected corruption. 

The GNECB is carrying out special investigations into corruption and fraud involving 
the new COVID-19 Pandemic Unemployment Payment. Cases of alleged COVID-related 
fraud and corruption are under investigation by the GNECB, in particular in high-risk sectors 
including  public  procurement  and  health128.  A  number  of  Suspicious  Transaction  Reports 
(STRs) have been submitted by financial institutions alleging COVID-related fraud in areas 
such  as  the  COVID-19  Pandemic  Unemployment  Payment  and  procurement  of  personal 
protective  equipment.  These  STRs  are  received  by  the  Financial  Intelligence  Unit  Ireland 
which analyses and disseminates them if necessary129.  

III.  MEDIA PLURALISM AND MEDIA FREEDOM 

In  Ireland,  the  legal  framework  concerning  media  pluralism  is  in  the  Constitution,  which 
requires  the  State  to  guarantee  the  exercise  of  fundamental  rights,  including  freedom  of 
expression and freedom of the press130. A well-established self-regulatory framework based on 
the Office of the Press Ombudsman and the Press Council of Ireland enables the public opinion 
to hold to account editors and journalists131. In the context of the ongoing transposition of the 
revised Audiovisual Media Services Directive, a number of regulatory steps have been taken 
to put the Irish media framework on a sustainable foot with the changes affecting the media 
landscape in the recent years132.  

124  For example, SIPO can issue fixed payment notices of EUR 200 for the late submission of lobbying returns 
and can also prosecute individuals summarily for contravening a number of relevant contraventions as set out 
in the legislation.  

125  2021 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, pp. 11-12 and Irish Statute 

Book, Regulation of Lobbying Act, 2015. 

126  Standards in Public Office Commission (2021), 2020 Regulation of Lobbying Annual Report, p.16.  
127  Amendment of section 3 of Principal Act. Irish Parliament, Protected Disclosures (Amendment) Bill 2022, 
128  Input from Ireland for the 2022 Rule of Law Report, p. 33. 
129  Ibid. 
130  Irish Constitution, Article 40.  
131  2021 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 14. 
132  However, the laws transposing the Audiovisual Media Services Directive are not in place yet, and on 19 May 
2022, the Commission decided to refer Ireland to the Court of Justice of the European Union over its failure 
to  transpose  the  Directive,  INFR  2020/0531;  European  Commission  (2022)  Audiovisual  Media  Services 
Directive: Commission refers five Member States to the Court of Justice of the EU. Ireland ranks 6th in the 
2022 Reporters without Borders World Press Freedom Index compared to 12th in the previous year. 

15 

 
                                                 
Preparatory work is ongoing for the establishment of a new media regulatory authority. 
As referred in the 2021 Rule of Law Report133, the new Media Commission will be responsible 
for overseeing updated regulations for broadcasting and video on-demand services and the new 
regulatory framework for online safety134. The Media Commission will also have functions on 
promotion of pluralistic media, research, media literacy, protection of children, journalists and 
creators' support135. The Media Commission is expected to replace the Broadcasting Authority 
of Ireland (BAI) first quarter of 2023136. In the meantime, action is underway to  ensure the 
continuation of broadcasting regulation during the transition to the new regulator. In the 2022 
budget,  the  Government  allocated  EUR  5.5  million  to  the  establishment  of  the  Media 
Commission137. 

Self-regulatory  bodies  in  the  press  sector  experienced  an  increase  in  the  number  of 
complaints received. In 2021, the Press Ombudsman saw significant numbers of complaints 
being made to their Office, related in particular to reporting about the COVID-19 pandemic138. 
Most notably, at the early stages of the COVID-19 pandemic, some issues arose concerning 
the respect of privacy and the right of individuals to have their personal medical history kept 
private139. Nevertheless, the Ombudsman concluded that in the vast majority of cases the media 
seemed to have covered the COVID-19 pandemic accurately and factually 140. 

A regulatory environment sustaining independent and impartial public service media is 
in place. The Broadcasting Act 2009 requires public service broadcasters to be independent 
from State, political and commercial influences as regards production of content, presentation 
of  news  and  definition  of  programmes  schedules141.  Public  service  broadcasters  are  also 
required to comply with the Code of Practice for the Governance of State bodies and to follow 
governance  practices  and  procedures,  including  codes  of  conduct,  internal  control  and 
disclosure of interests142. Every year, the chairs of the Board for the public service broadcasters 
are  required  to  confirm  to  the  Minister  for  Tourism,  Culture,  Arts,  Gaeltacht143,  Sport  and 
Media that the governance practices and procedures comply with the Code of Practice144. There 
are no reported attempts by government or political parties to directly interfere with editorial 

133  2021 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, pp. 13-14. 
134  Online Safety and Media Regulation Bill 2022. 
135  Ibid. 
136  2022 Media Pluralism Monitor, country report for Ireland, p.7, as confirmed by information received from 

Broadcasting Authority of Ireland in the context of the country visit to Ireland. 

137  Statement by the Minister for Public Expenditure and Reform Michael McGrath TD on Budget 2022 (2021) 
Department of Public Expenditure and Reform; Input from Ireland for the 2022 Rule of Law Report, p. 37. 
138  Approximately 200 out of 525 complaints received were COVID-related; Contribution from The Office of the 

Press Ombudsman for the 2022 Rule of Law Report, p. 4. 

139  Information received from The Office of the Press Ombudsman in the context of the country visit. 
140  The  Press  Ombudsman  upheld  only  four  COVID-related  complaints:  two  on  grounds  of  accuracy,  two  on 
grounds of privacy, contribution from The Office of the Press Ombudsman for the 2022 Rule of Law Report, 
p. 4. 

141  Section 98 of the Broadcasting Act 2009, as confirmed by input from Ireland for the 2022 Rule of Law Report, 

p. 39. 

142  Code of Practice for the Governance of State Bodies; Input from Ireland for the 2022 Rule of Law Report, p. 

39. 

143  Gaeltacht is an Irish term referring to substantially Irish-speaking areas recognised by the Government with a 
view to preserving and extending the use of Irish as a vernacular language, see section 2 of the Ministers and 
Secretaries (Amendment) Act 1956. 

144  Article 8.2 of the Code of Practice for the Governance of State Bodies (2016); RTE (2020) Annual Report, p. 

84.  

16 

 
                                                 
content  or  public  service  media  activities145.  However,  the  involvement  of  the  Minister  for 
Tourism, Culture, Arts, Gaeltacht, Sport and Media in the appointment of the boards and of the 
Government in the recruitment of the Directors General has been flagged as a risk factor146. 
Limited  funding  has  also  been  indicated  as  a  risk  for  the  editorial  independence  of  public 
service broadcasters147.  

State advertising has grown in significance during the COVID-19 pandemic and specific 
rules are still lacking. Distribution of state advertising has increased during the pandemic and 
it would seem, that the placement by the State of advertising addressing COVID-19 measures 
helped ensure the viability of some radio stations148. As referred to in the 2020 Rule of Law 
Report,  besides  standard  procurement  guidelines,  the  Irish  legal  framework  does  not  have 
specific rules on the placement of state advertising in media, which affects the transparency of 
the precise mechanism governing the distribution of state advertising to media outlets149. The 
Government required that COVID-19 advertisements were evenly placed in national, regional 
and local media. 2020 and 2021 figures show an even split of spending across national and 
regional media outlets in respect of public information campaigns on COVID-19150.  

Financial  difficulties  increased  local  media  market  concentration.  Economic  distress 
following the COVID-19 pandemic pushed some local media actors to merge in order to remain 
viable, leading to increased media concentration in some areas of the country151. A targeted 
review of the media merger legislation is currently ongoing, with a view to identifying technical 
amendments to the legislation to ensure the continued robust operation of the media mergers 
regime152.  

Additional steps have been taken to alleviate the economic distress of the media sector. In 
the first phases of the emergency, the Government put in place a range of support mechanisms 
for all businesses impacted by  the COVID-19 pandemic. The Temporary COVID-19 Wage 

145  2022 Media Pluralism Monitor, country report for Ireland, p. 14, as confirmed by information received from 
the Press Council of Ireland and the National Union of Journalists in the context of country visit to Ireland. 

146  2022 Media Pluralism Monitor, country report for Ireland, p. 13. 
147  Irish Public Service Broadcasters are funded via a TV licence fee, which despite repeated recommendations 
from the BAI to increase it, has remained unchanged since 2008. The lack of adequate funding, the increase 
of which is subject to governmental approval, together with the lack of clarity around the distribution of state 
advertising to individual media outlets, raise the risks the political considerations might influence the amount 
of  funds  on  which  Irish  PSMs  can  rely,  with  consequences  on  their  editorial  independence,  2022  Media 
Pluralism Monitor, country report for Ireland, p. 22. 

148  2022 Media Pluralism Monitor, country report for Ireland, p. 13 and 2021 Media Pluralism Monitor, country 
report for Ireland, p. 14, as confirmed by information received from the National Unit of Journalists in the 
context of country visit to Ireland. 

149  2020 Rule of Law Report,  Country  Chapter on the rule of law situation in Ireland, pp. 12-13; 2021 Media 
Pluralism Monitor, country report for Ireland, p. 14; According to Article 4.7 of the 2018 Council of Europe 
Recommendation on  media pluralism and transparency of  media ownership, adopted by the Committee of 
Ministers, Member States are encouraged to adopt legislation or other equivalent measures that set out the 
disclosure  of  information  on  the  sources  of  the  media  outlets’  funding  obtained  from  State  funding 
mechanisms. The aim is to ensure a high level of transparency on the sources of financing of media outlets 
and  allow  effective  monitoring  and  controlling  of  risks  of  interference  with  the  editorial  and  operational 
independence  of  the  media.  Recommendation  CM/Rec(2018)1[1]  of  the  Committee  of  Ministers  of  the 
Council of Europe to member States on media pluralism and transparency of media ownership. 

150 Written contribution from Department of Teaoiseach (Prime Minister of Ireland) in the context of the country 

visit to Ireland, p.16. 

151 Contribution from the National Union of Journalists for the 2021 Rule of Law Report, p. 1, as confirmed by 
information received from the National Union of Journalists in the context of the country visit to Ireland. 

152 Written contribution from Department of Justice in the context of the country visit to Ireland.  

17 

 
                                                 
Subsidy Scheme and the Employment Wage Subsidy Scheme covered also media organisations 
and self-employed media professionals who were entitled to apply153. In 2021, an additional 
EUR 4.9 million was allocated through the Sound and Vision Scheme to fund the production 
of content and support the audiovisual  and audio  industry  continuing to  experience adverse 
impacts resulting from COVID-19 restrictions154.  

There is a legal framework in place ensuring right of access to information. The Freedom 
of Information Act 2014 (FOI Act) is a key national measure, which co-exists with other, more 
context-specific  measures  such  as  the  Open  Data  and  Re-use  of  Public  Sector  Information 
Regulations 2021, and establishes a number of rights, including a right to access official records 
held by Government Departments or other public bodies155. The operation of the FOI act is 
effective,  ensuring  that  the  right  of  access  to  information  is  well  protected  in  Ireland156.  A 
comprehensive  review  of  the  Freedom  of  Information  Act  is  underway  which  will  seek  to 
further strengthen and modernise the existing FOI regime. The review is expected to conclude 
in 2022. 

The professional environment for journalists continues to be largely safe. Press in Ireland 
enjoys a large degree of freedom, and journalists can work in a safe and healthy environment. 
Nevertheless,  in  May  2022,  the  Council  of  Europe’s  platform  to  promote  the  protection  of 
journalists  and  safety  of  journalist  registered  the  second  alert  ever  filed  concerning  Ireland 
since  the  establishment  of  the  platform  in  2015.  The  alert  concerned  two  defamation 
proceedings initiated by two Members of the European Parliament against the public service 
broadcaster RTÉ157. In October 2021, the Mapping Media Freedom platform also registered a 
death  threat  launched  by COVID-19 anti-vaccine campaigners  against a broadcaster and its 
production team158.  

A Report on the Review of the Defamation Act identifies a range of options for further 
reform. Defamation is not a criminal offence in Ireland. Accordingly, there are no convictions 
for defamation and cases are heard in the context of civil litigation claims159. However, the 
level of legal costs in defamation actions in Ireland is high and represents a major burden on 

153  The Temporary COVID-19 Wage Subsidy Scheme was a scheme allowing employers to pay their employees 
during  the  COVID-19  pandemic.  It  was  replaced  in  September  2020  by  the  Employment  Wage  Subsidy 
Scheme,  which  provides  a  flat-rate  subsidy  for  businesses  whose  revenues  declined  by  30%  because  of 
COVID, Emergency Measures in the Public Interest (COVID-19) Act 2020. 

154  2022 Media Pluralism Monitor, country report for Ireland, pp.13 and 14, as confirmed by information received 
from  Department  of  Media  in  the  context  of  the  country  visit.  The  Broadcasting  Act  2009  provides  the 
legislative framework for Sound & Vision. The Sound and Vision Scheme is funded by the TV license fee 
from 
the  Broadcasting  Authority  of Ireland. 
The Scheme supports the production of high-quality TV and radio programmes on Irish culture, heritage and 
experience. The Scheme is reviewed every 3 years.  

the  Broadcasting  Fund  and 

is  administered  by 

155  While the Freedom of Information Act creates a general right of access to records held by state bodies,  the 
Open Data and Re-use of Public Sector Information Regulations 2021 provides for a right to access to data 
held  by  all  public  sector  bodies,  with  certain  exceptions,  notably  educational,  research  and  cultural 
organisations.  Freedom  of  Information  Act  2014;  Open  Data  and  Re-use  of  Public  Sector  Information 
Regulations 2021. 

156  In 2020, the latest year for which statistics are available, public bodies processed 32,652 FOI requests,  81% 
which were granted in full or in part. Office of the Information Commissioner (2020) Annual Report 2020: 
Supporting the Right to Information, pp. 65 and 66. 

157  Council of Europe, Platform to promote the protection of journalism and safety of journalists, Ireland. 
158  The  threat  seems  to  be  part  of  an  orchestrated  campaign  from  anti-vaccination  groups,  Mapping  Media 

Freedom, Ireland country profile. 

159  Section 35 of the Defamation Act (2009); Input from Ireland for the 2022 Rule of Law Report, p. 44. 

18 

 
                                                 
newspapers160. On 1 March 2022, the Department of Justice published a Report on the Review 
of the Defamation Act presenting the concerns raised by several stakeholders during  public 
consultation. The Review’s key recommendations aim at reducing disproportionate awards and 
unnecessary legal costs and delays in defamation cases while providing clearer protection for 
responsible public interest journalism and investigative reporting161. The Review also explores 
the  possibility  of  introducing  a  new  mechanism  against  Strategic  Lawsuit  Against  Public 
Participation  (SLAPP),  to  allow  defendants  to  ask  for  a  summary  dismissal  of  defamation 
proceedings brought against them and that they believe are SLAPP162. The General Scheme of 
the  Defamation  (Amendment)  Bill  to  update  aspects  of  defamation  law,  based  on  the 
recommendations set out in the Report of the statutory review of the Defamation Act 2009, is 
expected to be published in the fourth quarter of 2022163. 

IV.  OTHER INSTITUTIONAL ISSUES RELATED TO CHECKS AND BALANCES 

Ireland has a bicameral parliamentary system: Parliament comprises a Lower House, and an 
Upper House. Government Ministers and members of Parliament have the right of legislative 
initiative. Constitutional review is carried out by the High Court with a right of appeal to the 
Court of Appeal and the Supreme Court. The Irish Human Rights and Equality Commission 
(IHREC)  is  Ireland’s  National  Human  Rights  and  Equality  Institution.  The  Offices  of  the 
Ombudsman  and  Information  Commissioner  are  independent  both  by  law  and  in  practice. 
Other relevant institutions in the system of checks and balances are the Ombudsman for the 
Defence Forces, the Ombudsman for Children’s Office and the National Disability Authority.  

New  working  methods  have  been  adopted  aiming  at  improving  the  functioning  of  the 
Houses of the Parliament. In July 2021, the President of Ireland wrote to the Speakers of both 
the Upper and Lower Houses of Parliament raising concerns with regard to the functioning of 
the legislative process164. The concern was that discussions on new bills tend to be concentrated 
during short periods of time (in particular, during the two weeks before recesses), with negative 
consequences  for  proper  parliamentary  scrutiny.  As  a  consequence,  the  Speakers  of  both 
Houses of Parliament met with the Government and the Attorney General. Their new informal 
approach has been to publish some of the more complex bills during recess periods165. As a 
result, the text of the draft bill is available to members of Parliament and members of the public 
for a number of weeks in advance of it being considered formally, allowing for more in-depth 
consideration of the content. In addition, since July 2021, the Business Committee166 has paid 
particular  attention  to  proposals  being  made  on  the  passage  of  legislation167.  Moreover,  the 
Speaker  of  the  Lower  House  established  a  Forum  on  a  Family  Friendly  and  Inclusive 

160  Contribution from the Office of the Press Ombudsman for the 2022 Rule of Law Report, p. 3.  
161  Report of the Review of the Defamation Act 2009. 
162  Report of the Review of the Defamation Act 2009. 
163  Information received from Department of Justice in the context of the country visit. 
164  Input from Ireland for the 2022 Rule of Law Report, pp. 47-48. 
165  This  is  possible  for  bills  being  presented  by  Government  and  in  some  rare  cases,  Private  Members  to  the 

Houses of the Parliament.  

166 The Business Committee meets weekly to agree on the arrangements for the taking of business in the Lower 
House the following  week,  which  is then agreed by the  full Lower House at the beginning of the  week at 
‘Order of Business’. 

167  This scrutiny has focused on the publication of new Government bills, the consideration at Committee and 
Report Stage and the time between each of those stages. When it is proposed to take stages quickly with little 
time in-between, the Business Committee has been raising concerns and making suggestions for alternative 
timings. Some of those suggestions have been agreed to by the Government. 

19 

 
                                                 
Parliament, which presented its report on 2 November 2021168. In relation to the fight against 
the COVID-19 pandemic, ten pieces of primary legislation were adopted in 2021169, following 
the ordinary legislative procedure and including sunset clauses170.  

On 1 January 2022, Ireland had two leading judgments of the European Court of Human 
Rights pending implementation171. At that time, Ireland’s rate of leading judgments from the 
past 10 years that remain pending was at 33%, the average time that the judgments had been 
pending implementation was 9 years and 7 months172. The latter is affected by the length of 
non-implementation of the two judgments which have been pending for over 8 years173. On 1 
July 2022, the number of leading judgments pending implementation remains two174. 

The Irish Human Rights and Equality Commission was re-accredited with A status. The 
UN  Global  Alliance  of  National  Human  Rights  Institutions  (GANHRI)  re-accredited  the 
IHREC with  A status175.  In its  report, GANHRI praised the role of  IHREC to  promote and 
protect human rights in Ireland, and made a number of recommendations to further strengthen 
its role in the system of checks and balances. Following the report, the Government has agreed 
to provide additional funding to ensure that IHREC can effectively carry out the full breadth 
of its mandate176.  

Ireland has a vibrant and diverse civil society, but concerns remain in relation to legal 
provisions regulating funding of NGOs. In April 2022, the Government tabled an Electoral 
Reform  Bill177,  which  provides  for  the  establishment  of  an  Electoral  Commission.  Once 
established, this Electoral Commission will carry out a comprehensive review of the Electoral 
Act 1997, including rules governing civil society organisations’ access to funding178. The draft 
law did not directly address concerns from civil society organisations about the impact of the 
prohibitions under the Electoral Act to receive donations above a certain threshold for ‘political 
purposes’ or from foreign donors179. Referring to the updated guidance note published by the 

168  Forum on a Family Friendly and Inclusive Parliament 2021, Report as presented to the Ceann Comhairle, Mr 

Seán Ó Fearghaíl TD. 

169  Input from Ireland for the 2022 Rule of Law Report, pp. 48-49. 
170  2020 Rule of Law Report, country chapter on the rule of law situation in Ireland, p. 14; 2021 Rule of  Law 
Report,  Country  Chapter  on  the  rule  of  law  situation  in  Ireland,  p.  16.  The  ordinary  legislative  procedure 
envisages statutory oversight available to the Oireachtas.  

171  The adoption of necessary execution  measures  for a  judgment by the European  Court  of Human  Rights is 
supervised by the Committee of Ministers of the Council of Europe. It is the Committee’s practice to group 
cases against a State requiring similar execution measures, particularly general measures, and examine them 
jointly. The first case in the group is designated as the leading case as regards the supervision of the general 
measures and repetitive cases within the group can be closed when it is assessed that all possible individual 
measures needed to provide redress to the applicant have been taken. 

172   All figures are calculated by the European Implementation Network and are based on the number of cases 
that  are  considered  pending  at  the  annual  cut-off  date  of  1  January  2022.  See  the  Contribution  from  the 
European Implementation Network for the 2022 Rule of Law Report, p. 50. 

173  Judgments of the European Court of Human Rights of 10 September 2010, McFarlane v. Ireland, 31333/06, 

and of 28 January 2014, O’Keeffe v. Ireland, 35810/09. 

174  Data according to the online database of the Council of Europe (HUDOC). 
175 GANHRI (2021), Report and Recommendations of the Virtual Session of the Sub-Committee on Accreditation 

(SCA) 14-24 June 2021. 

176  Information received by IHREC in the context of the country visit.  
177  Electoral Reform Bill 2022.  
178  Input from Ireland for the 2022 Rule of Law Report, p. 55. 
179  2020 Rule of Law Report, Country Chapter on the rule of law situation in Ireland, p. 15 and 2021 Rule of Law 
Report, Country Chapter on the rule of law situation in Ireland, p. 18. Under the Electoral Act 1997, donations 
may be received by third parties up to a limit of EUR 2500 from a donor in any given calendar year. SIPO has 

20 

 
                                                 
Charities Regulator in 2021, which highlights the rules that apply to a charity when engaging 
in activities to promote a political cause, Civil Society Organisations have also raised concerns 
on the type of campaigning work that charities can engage in180. In addition, concerns have 
been raised regarding public statements from elected representatives to stop funding for Civil 
Society Organisations181. In April 2022 the Government tabled a General Scheme182, which, if 
passed, would mean that human rights organisations may apply for registration as a charity 
under the charitable purpose of the advancement of human rights. . It has been noted that this 
should  remove  any  reservations  funders  may  have  had  about  supporting  human  rights 
organisations183. An increase is also reported as to the number of SLAPP being pursued against 
applicants for judicial review, in particular environmental organisations184. 

The  Government  has  provided  funding  to  civil  society  to  promote  the  rule  of  law  in 
Ireland. In 2021, the Department of Foreign Affairs awarded a grant to the Irish Council for 
Civil Liberties (ICCL) through its Communicating Europe Initiative to increase the awareness 
of rule of law issues and the reporting process within Irish civil society organisations and the 
general  public185.  In  this  context,  several  events  and  conferences  were  organised  to  raise 
awareness  on  the  state  of  the  rule  of  law  in  Ireland,  as  well  as  to  encourage  civil  society 
organisations to actively engage in a number of rule of law related topics.  

interpreted  the  relevant  legislation  as  also  comprising  certain  activities  carried  out  by  civil  society 
organisations, such as advocacy work also outside electoral periods. 

180  Charities  Regulator  2021,  Guidance  on  Charities  and  the  Promotion  of  Political  Causes.  Civil  society 
organisations (written contribution from the Irish Council for Civil Liberties in the context of the country visit, 
p. 10, with inputs from CityWide Drugs Crisis Campaign, European Movement Ireland, FLAC-Free Legal 
Advice Centres, Inclusion Ireland, Independent Living Movement Ireland, Irish Traveller Movement and The 
Environmental Law Officer of the Irish Environmental Network) have raised concerns claiming that a shift in 
ineligibility for charitable status for organisations set up with an “exclusive” focus on campaigning to ones 
which ‘primarily’ focus on campaign work has the potential to impede the important work of some charitable 
organisations. 

181  Parliamentary Question to the Taoiseach on Thursday 17 February 2022 – Question by Deputy Bríd Smith  on 
Promised  Legislation.  In  his  reply,  the  Minister  for  Children,  Equality,  Disability,  Integration  and  Youth 
clarified that funding will not be impacted. 

182  General scheme of the Charities (Amendment) Bill (2022). 
183  Irish Council for Civil Liberties (2022), ICCL welcomes inclusion of human rights in draft Charities Bill. 
184  Contribution from the Irish Council for Civil Liberties for the 2022 Rule of Law Report, pp. 16, 22 and 28. 
185  Ibid, p. 32. 

21 

 
                                                 
Annex I: List of sources in alphabetical order* 

* The list of contributions received in the context of the consultation for the 2022 Rule of Law report 
can  be  found  at  https://ec.europa.eu/info/publications/2022-rule-law-report-targeted-stakeholder-
consultation_en.  

Centre for Media Pluralism and Media Freedom (2021), Media pluralism monitor 2021 – country report 
on Ireland. 

Centre for Media Pluralism and Media Freedom (2022), Media pluralism monitor 2022 – country report 
on Ireland. 

Charities  Regulator  (2021),  Guidance  on  Charities  and  the  Promotion  of  Political  Causes. 
https://www.charitiesregulator.ie/en/information-for-the-public/our-news/2018/february/charities-
regulator-launches-guidance-on-charities-and-the-promotion-of-political-causes.  

Chief Justice’s Working Group on Access to Justice Conference 1st and 2nd October 2021.  

Commission  on  the  Future  of  Policing  in  Ireland  (2018),  The  Future  of  Policing  in  Ireland 
http://www.policereform.ie/en/polref/pages/pb18000006Council  of  Europe:  Committee  of  Ministers 
(2010), Recommendation CM/Rec(2010)12 of the Committee of Ministers to member states on judges: 
independence, efficiency and responsibilities  https://www.coe.int/en/web/cdcj/judicial-independence-
and-impartiality.  

Council of Europe (2017), Platform to promote the protection of journalism and safety of journalists – 
Ireland Platform to promote the protection of journalism and safety of journalists (coe.int).  

Council  of  Europe:  Committee  of  Ministers  (2018)  Recommendation  CM/Rec(2018)1[1]  of  the 
Committee of Ministers to member States on media pluralism and transparency of media ownership 

Council of Europe: Venice Commission (2020), Malta, Opinion on proposed legislative changes (CDL-
AD(2020)006). 

Court of Justice of the European Union, judgment of 20 April 2021, Repubblika v Il-Prim Ministru, 
Case C-896/19, ECLI:EU:C:2021:311 

Courts Service (2021), Annual Report 2020 https://www.courts.ie/annual-report.  

Courts  Service  (2021),  Data  Strategy  2021-2024  https://www.courts.ie/news/courts-service-publish-
data-strategy-2021-2024.  

Courts  Service  (2021),  ICT  Strategy  2021-2024.  https://www.courts.ie/acc/alfresco/10e5f628-0ffd-
4817-935f-e5818626827e/2809_CT_ICT_Strategy_v10.pdf/pdf#view=fitH.  

Department of Justice (2022), Press Release - Pre-trial hearings can take place from today under Act 
commenced by Minister McEntee https://www.justice.ie/en/JELR/Pages/PR22000038  

Department of Justice (2020), Review Group Report on structures and strategies to prevent, investigate 
and penalise economic crime and corruption,https://www.gov.ie/en/publication/be30e-review-group-
report-on-structures-and-strategies-to-prevent-investigate-and-penalise-economic-crime-and-
corruption/ 

Department of Justice (2021), Hamilton Review Group Implementation Plan: A Review of Structures 
and  Strategies 
Investigate  and  Penalise  Economic  Crime  and  Corruption, 
https://www.anticorruption.ie/wp-content/uploads/2021/08/HRG-Implementation-Plan.pdf 

to  Prevent, 

Department of Justice (2022), Contribution from the Department of Justice of Ireland for the 2022 Rule 
of Law Report. 

Department of Justice (2022), Report of the Review of the Defamation Act 2009 gov.ie - Report of the 
Review of the Defamation Act 2009 https://www.gov.ie/en/publication/4478f-report-of-the-review-of-
the-defamation-act-2009/. 

22 

 
Department of Public Expenditure and Reform (2020), Second Statutory Review of the Regulation of 
Lobbying  Act 
https://www.gov.ie/en/publication/7ef279-second-statutory-review-of-the-
regulation-of-lobbying-act-2015/. 

2015, 

Director of Public Prosecutions (2021), Annual Report 2020 https://www.dppireland.ie/annual-report-
2020-published/.  

European Association of Judges (2022), Contribution from the European Association of Judges for the 
2022 Rule of Law Report. 

European  Centre  for  Press  and  Media  Freedom  (2022),  Mapping  Media  Freedom  –  Ireland. 
(https://www.mapmf.org/explorer) 

European Commission (2019), Environmental Implementation Review 2019, Country Report Ireland.  

European Commission (2019), Flash Eurobarometer 482: Businesses' attitudes towards corruption in 
the EU. 

European Commission (2020), 2020 Rule of Law Report, Country Chapter on the rule of law situation 
in Ireland. 

European Commission (2021), 2021 Rule of Law Report, Country Chapter on the rule of law situation 
in Ireland. 

European Commission (2022), EU Justice Scoreboard. 

European Commission (2022), Flash Eurobarometer 507: businesses' attitudes towards corruption in 
the EU. 

European Commission (2022), Special Eurobarometer 523: corruption. 

European Commission (2022) Audiovisual Media Services Directive: Commission refers five Member 
States to the Court of Justice of the EU, Audiovisual Media Services Directive (europa.eu) 

European Court of Human Rights, judgment of 10 September 2010, McFarlane v. Ireland, 31333/06. 

European Court of Human Rights, judgment of 28 January 2014, O’Keeffe v. Ireland, 35810/09.  

European Implementation Network (2022), Contribution from the European Implementation Network 
for the 2022 Rule of Law Report. 

Forum  on  a  Family  Friendly  and  Inclusive  Parliament  2021,  Report  as  presented  to  the  Ceann 
Comhairle, 
TD 
https://data.oireachtas.ie/ie/oireachtas/parliamentaryBusiness/other/2021-11-02_report-of-the-forum-
on-a-family-friendly-and-inclusive-parliament_en.pdf. 

Fearghaíl 

Seán 

Mr 

Ó 

Global Alliance of National Human Rights Institutions (2021),  Report and Recommendations of the 
Virtual Session of the Sub-Committee on Accreditation (SCA) 14-24 June 2021. 

GRECO  (2020),  Fourth  Evaluation  Round  –  Second  Interim  Compliance  Report  on  Ireland  on 
corruption prevention in respect of members of parliament, judges and prosecutors.  

Independent (2022), No gifts of more than €100 and no hiring family members when you are a politician 
or  senior  public  official,  says  ethics  boss,  https://www.independent.ie/irish-news/news/no-gifts-of-
more-than-100-and-no-hiring-family-members-when-you-are-a-politician-or-senior-public-official-
says-ethics-boss-41466738.html.   

Irish Council for Civil Liberties (2022), Contribution for the 2022 Rule of Law Report coordinated and 
authored  by  the  Irish  Council  for  Civil  Liberties  (ICCL),  with  inputs  from  CityWide  Drugs  Crisis 
Campaign,  European  Movement  Ireland,  FLAC-Free  Legal  Advice  Centres,  Inclusion  Ireland, 
Independent Living Movement Ireland, Irish Traveller Movement and The Environmental Law Officer 
of the Irish Environmental Network. 

23 

 
Irish Council for Civil Liberties (2022), ICCL welcomes inclusion of human rights in draft Charities 
Bill  https://www.iccl.ie/activism-protest/iccl-welcomes-inclusion-of-human-rights-in-draft-charities-
bill/.  

Irish Examiner (2021), 'Serious concerns' new garda powers bill is unconstitutional, 8 December 2021, 
https://www.irishexaminer.com/news/politics/arid-40762074.html.  

Irish Government (2022), Input from Ireland for the 2022 Rule of Law Report. 

Irish Government (2021), Press Release - Garda powers to be modernised and updated under new Bill 
from Minister Humphreys, 14 June 2021, https://www.gov.ie/en/press-release/6ed9f-garda-powers-to-
be-modernised-and-updated-under-new-bill-from-minister-humphreys/  

Irish  Government  (2021),  Ethics  in  Public  Life  -  Reform  and  Consolidation  of  Ireland’s  Statutory 
https://www.gov.ie/en/consultation/fb784-reform-and-consolidation-of-irelands-
Framework, 
statutory-framework-for-ethics-in-public-life/.  

Irish Parliament (Oireachtas) (2022), Question of Mary Lou McDonald to the Minister for Justice, 19 
January 2022, https://www.oireachtas.ie/en/debates/question/2022-01-19/1264/ 

Irish  Legal  News  (2021),  Review  of  Ethics  Legislation  Consultation  extended,  22  December  2021, 
https://www.irishlegal.com/articles/review-of-ethics-legislation-consultation-extended 

Ireland’s  National 
Security 
(https://www.garda.ie/en/about-us/publications/policy-documents/anti-corruption-policy.pdf).  

Anti-corruption 

Service 

(2021), 

Police 

and 

policy 

Ireland’s National Police and Security Service (2021), An Garda Síochána Introduces Anti-Corruption 
Policies  to  Keep  People  Safe, https://www.garda.ie/en/about-us/our-departments/office-of-corporate-
communications/news-media/an-garda-sochna-introduces-anti-corruption-policies-to-keep-people-
safe-1-6-21.html  

Judicial  Council 
https://judicialcouncil.ie/news/judicial-council-conduct-and-ethics-guidelines/.  

(2022),  Guidelines 

judiciary 

the 

for 

on 

conduct 

and 

ethics 

Ministry  of Justice  (2022),  Minister McEntee  announces  former  Director  of  Public  Prosecutions  to 
chair  new  Advisory  Council  against  Economic  Crime  and  Corruption,  https://www.gov.ie/en/press-
release/941c8-minister-mcentee-announces-former-director-of-public-prosecutions-to-chair-new-
advisory-council-against-economic-crime-and-corruption/.  

Law Society of Ireland (2022),  Contribution from Law Society of Ireland for the 2022 Rule of Law 
Report. 

Office of the Director of Public Prosecutions (2021), Department of Public Expenditure and Reform, 
Annual Report 2020, https://www.dppireland.ie/app/uploads/2021/11/AR-2020-eng.pdf 

Office of the Press Ombudsman (2022), Contribution from the Office of the Press Ombudsman for the 
2022 Rule of Law Report.  

Reporters without Borders – Ireland https://rsf.org/en/ireland. 

Review Group for the Administration of Civil Justice (2021),  Report on the Administration of Civil 
Justice  https://www.gov.ie/en/publication/8eabe-review-of-the-administration-of-civil-justice-review-
group-report/.  

Standards 
https://www.lobbying.ie/media/6285/regulation-of-lobbying-annual-report-2020-final-web.pdf. 

in  Public  Office  Commission  (2020),  Regulation  of  Lobbying  Annual  Report 

Standards in Public Office Commission (2021), 2020 Annual Report, https://www.sipo.ie/reports-and-
publications/annual-reports/2020-SIPOC-ARFinal-English-Web.pdf 

Statement by the Minister for Public Expenditure and Reform Michael McGrath TD on Budget 2022 
(2021) Department of Public Expenditure and Reform gov.ie  - Statement by the Minister for Public 
Expenditure and Reform Michael McGrath TD on Budget 2022 (www.gov.ie) 

Transparency International (2022), Corruption Perceptions Index 2021. 

24 

 
United Nations Convention Against Corruption (2019), Executive summary – Ireland. 

25 

 
Annex II: Country visit to Ireland 

The Commission services held virtual meetings in March 2022 with: 

Irish Council for Civil Liberties 
Irish Human Rights and Equality Commission 
Irish Small and Medium Enterprises Association (ISME) 

  Academics 
  Bar of Ireland 
  Broadcasting Authority of Ireland 
  Court Service 
  Department of Justice 
  Environmental Pillar 
  Garda Economic Crime Bureau 
  Garda Síochána Ombudsman Commission (GSOC) 
  Houses of the Oireachtas Service (Parliament Service) 
 
 
 
  Law Society of Ireland 
  Legal Services Regulatory Authority 
  National Union of Journalists 
  Office of the Director of Corporate Enforcement (ODCE) 
  Office of the Director of Public Prosecution 
  Ombudsman for Children’s Office 
  Press Council 
  Representatives of the Judiciary 
  Standards in Public Office Commission (SIPO) 
  Transparency International 

* The Commission also met the following organisations in a number of horizontal meetings:  

  Amnesty International  
  Article 19  
  Civil Liberties Union for Europe 
  Civil Society Europe  
  European Centre for Press and Media Freedom  
  European Civic Forum 
  European Federation of Journalists  
  European Partnership for Democracy 
  European Youth Forum 
  Free Press Unlimited 
  Human Rights Watch  
 
 
 
  Open Society European Policy Institute ( OSEPI) 
  Osservatorio Balcani e Caucaso Transeuropa  
  Philea 
  Reporters Without Borders 
  Transparency International Europe 

ILGA Europe 
International Federation for Human Rights (FIDH) 
International Press Institute 

26